1-1 By: Najera (Senate Sponsor - Duncan) H.B. No. 195 1-2 (In the Senate - Received from the House April 30, 2001; 1-3 May 1, 2001, read first time and referred to Committee on Criminal 1-4 Justice; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the analysis of information identifying persons 1-9 committing or suspected of committing certain property offenses 1-10 against elderly individuals. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter D, Chapter 411, Government Code, is 1-13 amended by adding Section 411.051 to read as follows: 1-14 Sec. 411.051. ANALYSIS OF INFORMATION IDENTIFYING PERSONS 1-15 COMMITTING OR SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES 1-16 AGAINST ELDERLY INDIVIDUALS. (a) This section applies to an 1-17 offense under Chapter 31 or 32, Penal Code, or any other offense 1-18 under that code involving an intent to steal or defraud if the 1-19 offense was committed against an elderly individual as defined by 1-20 Section 22.04(c), Penal Code. 1-21 (b) For purposes of this section, the victim's status as an 1-22 elderly individual is determined according to the victim's age at 1-23 the time of the offense. 1-24 (c) A law enforcement agency that investigates an offense 1-25 described by Subsection (a) shall report the investigation to the 1-26 department in the form and manner and at regular intervals as 1-27 prescribed by rules adopted by the department. The rules must 1-28 require submission of the original investigative report and any 1-29 supplemental investigative report containing new, significant 1-30 information. 1-31 (d) To identify a person committing or suspected of 1-32 committing an offense described by Subsection (a) or a victim of an 1-33 offense described by that subsection, the department shall analyze 1-34 information received under this section and any other corresponding 1-35 information possessed by the department. 1-36 (e) The department shall make the analysis required by this 1-37 section available to any local law enforcement agency, political 1-38 subdivision, or state agency to the extent the analysis is 1-39 reasonably necessary or useful to the agency or subdivision in 1-40 carrying out duties imposed by law on the agency or subdivision. 1-41 This subsection may not be construed to enable direct access by a 1-42 person to information analyzed by the department under this section 1-43 if the person does not otherwise have direct access to that 1-44 information. Dissemination of the analysis required by this 1-45 section is subject to all confidentiality requirements imposed by 1-46 other law. 1-47 SECTION 2. The Department of Public Safety of the State of 1-48 Texas shall establish the rules and procedures necessary to comply 1-49 with Section 411.051, Government Code, as added by this Act, not 1-50 later than October 1, 2001. 1-51 SECTION 3. This Act takes effect September 1, 2001. 1-52 * * * * *